CIVIL LAW (WRONGS) ACT 2002 - SECT 97 Presumption of contributory negligence—injured person not wearing seatbelt

CIVIL LAW (WRONGS) ACT 2002 - SECT 97

    (1)     Contributory negligence must be presumed if the injured person was injured in a motor accident and was at least 16 years old at the time of the accident and—

        (a)     was not wearing a seatbelt at the time of the accident as required under the Road Transport (Safety and Traffic Management) Act 1999

; or

        (b)     1 of the following factors contributed to the accident or the extent of the injury:

              (i)     the injured person was not wearing a helmet at the time of the accident as required under the Road Transport (Safety and Traffic Management) Act 1999

;

              (ii)     the injured person was a passenger in or on a motor vehicle with a passenger compartment but was not in the compartment at the time of the accident.

    (2)     The presumption can be rebutted only as provided in subsections (3) and (4).

    (3)     For subsection (1) (a), the presumption can be rebutted if the injured person establishes, on the balance of probabilities, that—

        (a)     the injury suffered by the injured person was less serious than it would have been if the injured person had been wearing a seatbelt at the time of the accident; or

        (b)     the injured person was not capable of fastening a seatbelt without assistance from someone else.

    (4)     For subsection (1) (b) (ii), the presumption can be rebutted if the injured person establishes, on the balance of probabilities, that the injured person could not reasonably be expected to have avoided the risk.

    (5)     If the presumption is not rebutted, the damages the injured person would be entitled to, apart from the contributory negligence, must be reduced to the extent that the court considers just and equitable having regard to the injured person's share in the responsibility for the injury.